I filed a general denial in regard to a credit card debt. Seven weeks later there was something in my regular mail stating I am 'requested' to admit within 30 days this 'request for admissions' - there's nothing filed in the courts. What's my next move?
2 Answers from Attorneys
Make sure to respond to each request for admission numbered the same way. Usually, the response is "admit" or "deny." If the language in the request is confusing, you may state as much and then deny it on that basis. Make sure to send your response by mail to plaintiff's attorney within 35 days after the date on the requests' proof of service. Otherwise, a court may order that everything is admitted and, likely, you will forfeit any defense you might have. Nothing gets filed with the court.
Your next move is to respond to the requests for admissions. Mr. Cohen says mail the responses within 35 days, but that is only true if they were delivered to you by mail. If they were hand served you only have 30 days; if by FedEx or other express delivery it would be 32. The full rules regarding responding to requests for admissions are set forth in Code of Civil Procedure sections 2033.210 through 2033.300.
With that said, however, unless for some reason you have a legal right not to pay the debt, your next move really should be negotiating a settlement and payment plan, or if you absolutely cannot pay the debt, contact a bankruptcy attorney. All you do by continuing with the case is add interest and attorneys' fees to your debt.